This chapter is enacted in accordance with 12
M.R.S.A. § 6671.
The purpose of this chapter is to establish
a shellfish conservation program for the Town of Bar Harbor that will
ensure the protection and optimum utilization of shellfish resources
within its limits. These goals will be achieved by means including:
B. Limiting the number of shellfish harvesters;
C. Restricting the time and area where digging is permitted;
D. Limiting the minimum size of shellfish taken; and
[Amended 5-7-2024 by Ord. No. 2024-02]
E. Limiting the amount of shellfish taken daily by a
harvester.
[Amended 5-7-2024 by Ord. No. 2024-02]
As used in this chapter, the following terms
shall have the meanings indicated:
JUNIOR
A person who is under 18 on the first day of the licensing
period.
[Added 7-21-2020 by Ord. No. 2020-10]
NONRESIDENT
Anyone not qualified as a resident under this chapter.
RESIDENT
A person who has been domiciled in this municipality for
at least three months immediately prior to the time his/her claim
of such residence is made.
SHELLFISH and CLAMS
Soft-shell clams, Mya arenaria; quahogs, Mercenaria mercenaria;
razor clams, Ensis directus; American oysters, Crassostrea virginica;
and hen clams, Spisula solidissima.
[Amended 9-6-2022 by Ord. No. 2022-04; 5-7-2024 by Ord. No. 2024-02]
[Amended 8-4-2015 by Ord.
No. 2015-02; 9-6-2022 by Ord. No. 2022-04]
The Town Council, upon the approval of the Maine
Commissioner of Marine Resources, may open and close areas for shellfish
harvest. Upon recommendation of the Marine Resources Committee and
concurrence by the Maine Department of Marine Resources area biologist
that the status of the shellfish resource and other factors bearing
on sound management indicate that an area should be opened or closed,
the Marine Resources Committee presents the recommendation to Town
Council. Town Council may vote to approve or deny the change in status
at that time, or call a public hearing on 10 days' notice published
in a newspaper having general circulation in the Town, stating the
time, place and subject matter of the hearing, and shall send a copy
of the notice to the Department of Marine Resources. The decision
of the Town Council shall be based on findings of fact. Once Council
has approved the recommended change in harvest area status, application
will be made to the Maine Department of Marine Resources for state
approval.
[Amended 9-6-2022 by Ord. No. 2022-04; 5-7-2024 by Ord. No. 2024-02]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
LOT
The total number of shellfish in any bulk pile. Where shellfish
are in a box, barrel or other container, the contents of each box,
barrel or other container constitutes a separate lot.
POSSESS
Dig, take, harvest, ship, transport, hold, buy and sell,
retail or wholesale, shellfish stock.
B. Tolerance. A person shall not harvest or possess softshell
clams which are less than two (2) inches in the longest diameter to
the amount of not more than ten (10) percent of any lot; quahogs which
are less than one (1) inch in at the hinge to the amount of not more
than five (5) percent of any lot; razor clams which are less than
four (4) inches; American oysters which are less than two and a half
(2.5) inches in the longest diameter to the amount of not more than
ten (10) percent of any lot. The tolerance shall be determined by
numerical count of not less than one peck nor more than four pecks
taken at random from various parts of the lot or by a count of the
entire lot if it contains less than one peck.
C. Night digging. Shellfish harvesting in Bar Harbor
is limited to the period from 30 minutes before sunrise to 30 minutes
after sunset, with no night digging of soft-shell clams allowed except
by special permit.
D. State harvest limits. For any species of shellfish with no stated
harvest limits for the town, the state limits for harvest for both
size and quantity of shellfish that can be harvested apply for any
areas open to shellfish harvest.
A person who violates this chapter shall be
punished as provided by 12 M.R.S.A. § 6671(6-A) and (10).
This chapter has been approved by the Maine Commissioner of Marine Resources. Section
170-5B(8) of this chapter, Commercial license eligibility, shall become effective January 1, 2013, with the balance of this chapter effective 30 days following its adoption by the Town Council, provided that a certified copy of this chapter is filed with the Commissioner within 20 days of its adoption.